I was sure that there was a PIPS or possibly DLA decision where a judge posed a question about who was going to empty the commode used by the claimant.
The only one I can find is an old DLA decision about emptying a commode being attention with a bodily function ( CSDLA/629/02) but I was sure that there was a later one than this, can anyone help or is it just wishful thinking on my part?
Thanks. I’m not sure that it covers what I need. I am trying to move the score from 5b, “needing to use an aid” etc to 5d “needs assistance to manage toilet needs”. The appellant manages well with a commode but cannot empty it and a has to rely on someone else to do this. I could argue that Reg 4 might apply but I have a memory of a case where a judge posed the question ‘who would empty the commode?’
As I said in my original post I might has misremembered this but if there is a precedent it would be very useful if I could quote it
I think you’re right. I recall that decision but I also think it’s a DLA one. Will have a look.
In the meantime, has anyone ever had a client who could actually empty their own commode? I’m struggling to recall one.
I think I have found the decision- it was Commissioner Mitchell in CSA/76/1989 where it was held that the issue of who would empty the commode once it was used might be a ‘reasonable requirement’ for the purposes of DLA.
unfortunately there are no full texts of this decision available online, all I have found is a précis in Mark Perlic’s guide to DLA caselaw.
If anyone has a full copy of the decision I would be grateful as the parallels in the intent of the DLA legislation and the PIPS legislation are clear and the use of ‘reasonable requirements’ could be connected to Reg. 4 and an ‘acceptable standard’.